However Tripoli was so carelessly blockaded, that some of the vessels got to sea, one of which captured the brig Franklin, of Philadelphia, and carried her into Algiers, where an attempt was made to dispose of her and her crew. The American Consul at Algiers, remonstrated against this proceeding, and endeavored to procure the surrender of the brig and men, on the grounds that the Dey was bound, as guaranty of the peace between the United States and Tripoli, to cause her delivery. The Dey replied, that he had engaged to act only as mediator, but not to employ force in having the treaty respected; and that moreover the principal parties to it being then at war, and the United States actually holding Tripoli under blockade, the treaty as well as the guaranty were in fact at an end. However, after some delay, the Tripoline was ordered to quit the place, which he did, taking his prize with him, to the little port of Biserta, in the Tunisian territory, sixty miles from the capital; and the next day (July 8) the brig and her crew were advertised for sale at Tunis. What were the feelings of Eaton on this occasion may be conceived; his application to Commodore Murray who commanded the squadron nominally blockading Tripoli produced no effect; and to his mortification he saw the cruiser quit the place with the American captives in irons, (the brig being left at Biserta,) and heard of its safe entry into Tripoli actually in sight of the frigate Constellation. As a last resource, in order to alleviate the miseries of their captivity, he wrote a moderate and conciliatory letter to the Pasha, recommending him not to allow the American prisoners to be sold as slaves, but to have them treated with lenity, to refrain from farther hostilities, and even to receive Mr. Morris, the captain of the Franklin, as the agent of the United States until affairs could be arranged.